Learn more about the Coalition's work on the Energy Policy Act rulemaking.

Contact: John Seebach, HRC Coordinator 202-243-7055

On Thursday, November 17th, the Departments of Interior, Commerce, and Agriculture unveiled new rules for hydropower dam licensing, as directed by the Energy Policy Act of 2005. Although the public may comment on the new rules within the next sixty days, they take effect immediately, squandering the ability for the public to have an impact on something that directly affects a public resource - rivers.

"The intent behind the rules is to make river protections easier to elude," said John Seebach, Coordinator of the Hydropower Reform Coalition. The Coalition is a national consortium of over 130 river conservation and recreation organizations that advocate for rivers affected by hydropower dams. "Utilities want more avenues for challenging environmental protections or intimidating agencies into not issuing protections at all. They got their wish with these new rules."

The rules create two new processes within the already lengthy and involved five-year dam licensing process. The first allows for any party to request a trial-type hearing to challenge issues of "material fact" that have formed the basis for environmental conditions prescribed by agencies. The second allows for any party to propose alternative agency conditions that either cost less to implement or allow for more power generation.

"Although these new processes are open to any party, it's clear they will be used most by industries to gut environmental protections already prescribed by federal agencies," said Laura Norlander, Director of the California Hydropower Reform Coalition. "FERC-regulated hydropower dams have been allowed to operate for decades on outdated licenses that do not reflect current standards for environmental protection. No other industry has been afforded such a luxury. Why should hydropower dams be given another free pass?"

The rules have serious consequences for rivers across the nation that are manipulated by hydropower dams:

• No Meaningful Public Comment: The rules are issued as " interim final," giving the public a meaningless opportunity to comment on rules that will already be in force.
• Turning Back the Clock: The rules allow any dam owner seeking a new license to use the rules, regardless of whether decisions on environmental protections agree to years ago. This will disrupt the licensing process and restart timelines - all causing delay in order to weaken environmental protections.
• Only for the Wealthy: The timelines and technical burdens are so severe that the only party that can afford to comprehensively participate is the dam owner. Although other parties are able to use the challenges, the administrative hurdles will prevent any one else from doing so.
• Environmental Protections Challenged by Unrelated Criteria: If alternatives to agency conditions are challenged, the original conditions must be justified in light of other river uses including navigation, flood control, and energy supply. The Federal Power Act does not require agencies to consider these issues when prescribing environmental conditions, yet the decision on whether or not to keep original conditions will consider these additional factors.

"Last year, the Department of Interior attempted to write rules for the these very challenges," said Rebecca Sherman, Northwest Coordinator of the Hydropower Reform Coalition in Portland, OR, "and the national outcry was tremendous. Now the federal agencies are trotting out the same bad rules, but caging public comment to only after the rules are final. It's as if they are deaf, dumb - or afraid - of what everyone but the energy companies want."